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UNITED STATES v. BERGER

No. Cr. 1972-136.

355 F.Supp. 919 (1973)

UNITED STATES of America, Plaintiff, v. Jay A. BERGER, Defendant.

United States District Court, W. D. New York.

March 13, 1973.

Attorney(s) appearing for the Case

John T. Elfvin, U. S. Atty. (David E. Flierl, Asst. U. S. Atty. of counsel), for Government.

Michael J. Brown, Buffalo, N. Y., for defendant.

CURTIN, District Judge.

In this criminal prosecution for violation of 21 U.S.C. § 841(a)(1), the defendant has moved to suppress the use as evidence of material seized from him when he was arrested, and of statements he made to a government agent prior to the arrest. The facts necessary to a determination of the motion are revealed by a stipulation entered into by counsel and by testimony given at a hearing conducted...

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